Quackenbush v. Quackenbush
New York Supreme Court
Appeal from a judgment dismissing the complaint entered in Montgomery county, upon the report of a referee. Adam Quackenbush died June 10, 1886, leaving a will by which he gave to his widow, Peggy, her support during life, with a right to occupy part of the homestead, and made it a lien on all his property, real and personal. To Betsey, his only daughter, he gives $200, one year after his decease.
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Appeal from a judgment dismissing the complaint entered in Montgomery county, upon the report of a referee. Adam Quackenbush died June 10, 1886, leaving a will by which he gave to his widow, Peggy, her support during life, with a right to occupy part of the homestead, and made it a lien on all his property, real and personal. To Betsey, his only daughter, he gives $200, one year after his decease. To his youngest son, Sand-ford, $255, providing the four notes signed with his sons John and Henry, for $160, are unpaid at his death; if paid, Sandford is to have $100 one year after his death. The…
1Opinion of the Court
Landon, J.:
The referee held that the statute of limitations barred the plaintiff’s action. This conclusion seems to rest upon the proposition that the defendants, Henry and Sandford Quackenbush, who, with the plaintiff, are the residuary legatees and devisees under the will of Adam Quackenbush, by accepting the devise and bequest to them became personally liable for the payment of the legacy of $200, to their sister Betsey. The legacy was, by the terms of the will, payable one year after the testator’s death, which occurred June, 1866, and therefore the right of action accrued to her against…
2Cases cited3 opinions
- Loder v. . HatfieldNew York Court of Appeals · 1877
- Muir v. Trustees of the Leake & Watts Orphan HouseNew York Court of Chancery · 1848
- Wever v. MarvinNew York Supreme Court · 1852